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Stand Up To Fear! Report Domestic Violence

If you or someone you know is threatened with harm or abuse, call 911 for help.

The Monroe County Prosecutor’s Office is working to end domestic violence in our community. Cases are handled by a Domestic Violence Unit that includes a deputy prosecutor who specializes in the prosecution of domestic violence, and a Victim Assistant who works exclusively with domestic violence cases to proactively address the unique issues faced by victims. Click here to get contact information for the Domestic Violence Unit.

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A Message from Prosecuting Attorney Chris Gaal About Domestic Violence

A Message from Prosecuting Attorney Chris Gaal on Domestic Violence

Focusing attention on domestic violence is a top priority for the Monroe County Prosecutor’s Office. Domestic violence cases involve a special dynamic known as the “cycle of violence,” whereby the perpetrator attempts to control the victim through physical violence, the threat of violence, or other methods of coercion. When a victim is in fear, the victim is under control.

The cycle of violence is a pattern characterized by a crisis followed by a temporary period of stability in which the victim returns to the relationship with their abuser. Due to the cycle of violence, it is not uncommon for a victim to initially call the police during a crisis, and then later request that the resulting criminal charge be dismissed. Unfortunately, the cycle usually continues with repeated crises that often become increasingly violent over time.

Breaking the cycle of domestic violence is more difficult than people often think. Violence tends to escalate as a victim tries to leave the relationship, and the perpetrator attempts to regain control. This is frequently a time when the victim’s safety is at serious risk. According to national statistics, thirty percent of female murder victims are slain by their intimate partners. The cycle of violence also tends to repeat from generation to generation as children who witness violence learn the behavioral pattern, and repeat it either as victims or perpetrators.

Stopping the cycle of violence is not just about breaking an emotional bond. There are usually practical concerns for victims that may cause them to remain in violent relationships – such as financial support, child care, or immigration status. In addition to fearing the threat of physical violence, victims may fear losing their children, or the economic support of a financial safety net. Isolation is another common tactic of control whereby the victim is denied the support network of family and friends. There may be social pressures to keep the family together. Leaving a relationship may be seen as a personal failure resulting in feelings of guilt and shame. A victim may hope things will get better, and may believe promises that the batterer will change their behavior in the future. Victims may also fear that they won’t be believed, will be blamed for their abuse, or that the criminal justice system won’t respond to protect them.

In order to successfully intervene to break the cycle of violence, the Monroe County Prosecutor’s Office attempts to contact the victim as early as possible in the criminal justice process, and establish a relationship through our Victim Assistance Program. Our domestic violence Victim Assistant will call the victim as soon as a criminal charge is filed, and in most cases even before. Our first priority in a domestic violence case is to ensure the victim’s safety. Domestic violence victims are often in the greatest danger when attempting to seek help. The Victim Assistant will listen to the victim’s wishes and concerns, encourage the development of a personalized “safety plan,” and make referrals to useful community resources and support services. We will also explain the tools of a “No Contact Order” and “Protective Order” – a court order for a perpetrator to not have contact with the victim. We will encourage the victim’s cooperation in a criminal prosecution, explain the process, and help the victim anticipate what to expect in court.

Victims who testify in domestic violence cases are performing a difficult public service for the community – not unlike jury duty. They are protecting everyone’s public safety by ensuring that justice is done and the perpetrator of a crime is held accountable. Being a victim of domestic violence is already a traumatic experience. Testifying in court requires the victim to relive a painful, personal and emotional experience in a public and intimidating setting. Often the victim maintains a personal relationship with the defendant, and thus may suffer feelings of confusion, self-doubt and regret. Societal prejudices that “blame the victim” for provoking the abuse may also create additional pressures. Testifying in court is usually an unpleasant experience for victims.

A successful prosecution typically requires a victim’s cooperation and testimony. However, the Prosecutor’s Office will not necessarily dismiss a case because a victim does not wish to participate. While a victim’s wishes are important to consider, a victim’s change in testimony or request that a criminal charge be dismissed may result from continued coercion from the defendant and the well-known cycle of violence. As such, the Prosecutor’s Office may continue to pursue prosecution notwithstanding lack of cooperation from the victim if there is sufficient evidence in the case to proceed. Indeed, it is often a comfort for the victim to know that continued prosecution of a criminal charge is not the victim’s responsibility. Domestic violence is the perpetrator’s responsibility. A criminal defendant should not be allowed to avoid accountability through pressuring the victim to refuse to cooperate. The role of the Prosecutor’s Office is to enforce the law, and domestic violence is a criminal offense. Holding perpetrators accountable under the law helps break the cycle of domestic violence.

The goals in a domestic violence prosecution are to ensure the victim’s safety and to hold the defendant accountable by obtaining a criminal conviction. Upon conviction, a sentence may include jail and a period of supervision on probation. There is also an important focus on rehabilitation aimed at modifying the defendant’s violent behavior. Virtually every domestic violence defendant will eventually return to the community, and in some cases return to the same relationship with the victim. Therefore, every domestic violence sentence requires that the defendant attend the “Batterer’s Treatment Program” – a twenty-six week course offered by a local mental health provider. This program helps defendants learn ways to resolve conflict other than through violence.

In every case, the Prosecutor’s Office attempts to obtain the most favorable outcome possible. Generally, this means seeking a criminal conviction. In order to obtain a conviction, the State bears the burden to present the jury with sufficient credible and admissible evidence to prove the defendant’s guilt beyond a reasonable doubt. Often this requires the victim’s cooperation as a testifying witness along with some corroborating evidence. Each case is evaluated on an individual basis and prosecuted to the full extent possible given the evidence. Despite efforts at changing public opinion, some jurors still view incidents of domestic violence as a private affair that is not appropriate for state intervention. In the event the available evidence will not support a conviction, a case may be referred to the Domestic Violence Intervention System (DVIS), a diversion program whereby the defendant can earn dismissal of the charge on the condition that they successfully complete the Batterer’s Treatment Program and commit no new criminal offenses for a year.

The Prosecutor’s Office maintains a liberal filing policy in charging domestic violence cases in order to encourage victims to report and seek help, promote victim safety through intervention, and provide rehabilitation services to perpetrators. Even in cases where a victim’s injuries are not substantial, it is important to send a message that the criminal justice system will respond to domestic violence incidents in our community.

Together we can break the cycle of violence and move towards a safer community.

Chris Gaal
Monroe County Prosecuting Attorney

New Resources and Improvements in the Prosecution of Domestic Violence Cases

Since 2007, the Prosecutor’s Office has sought continuous improvements in the handling of domestic violence cases in Monroe County. The first step was to publicly release detailed monthly data on all domestic violence cases handled by our office. We also sought out opportunities to partner with community organizations to promote public education efforts aimed at preventing domestic violence. + read more…

The Prosecutor’s Office currently assigns one full-time Deputy Prosecutor to exclusively handle domestic violence cases. Since 2008, the prosecutor’s office has also dedicated a full-time Victim Assistant to working with victims of domestic violence. This specialized focus enables us to make early and consistent contact with victims, encourage their cooperation, and improve our ability to successfully prosecute domestic violence cases.At the suggestion of the Prosecutor’s Office, in 2008 the Monroe County Board of Judges instituted a twenty-four hour “cooling off” period after a domestic battery arrest before a defendant may bond out of jail. This allows additional time for a victim to find a safe place, relocate children, obtain services, and also provides additional time to de-escalate a violent situation.

In 2008, the Board of Judges also consolidated all domestic violence cases before a single court. This provides more consistency and efficiency in the handling of domestic violence cases. It also enables the Judge to quickly respond to any violations of the defendant’s conditions of release, or violations of a No Contact Order through continued harassment of the victim. At the same time, the Probation Department also dedicated two probation officers to supervising domestic violence defendants, improving their ability to promptly respond to violations.

In 2010, the Prosecutor’s Office Latino Outreach Program produced a public education campaign on domestic violence directed at the local Spanish-speaking population involving both print and radio materials.

In 2011, the Prosecutor’s Office partnered with the County Clerk’s Office, the I.U. Maurer School of Law’s Protective Order Project, the I.U. School of Social Work, and Middle Way House to create the Protective Order Assistance Partnership (POAP), a program to assist Monroe County residents seeking civil protective orders. The Prosecutor’s Office also helped develop a model domestic violence personnel policy for county employees that was adopted by the Monroe County Commissioners.

In 2012 the Prosecutor’s Office organized a broad-based Domestic Violence Study Committee to evaluate the current community response to domestic violence, identify any potential areas for improvement, and make recommendations for any additional resources or public education and prevention efforts.

In 2017 the Prosecutor’s Office partnered with Middle Way House to promote a public education campaign to encourage victims of domestic violence, or bystanders who are aware that domestic violence is occurring, to come forward and get help. The “Break the Cycle” initiative encourages people to call 911 to report a domestic violence, or to call the Middle Way House 24-hour Crisis Hotline at (812) 336-0846 to talk to someone. Click here to see the poster.

Mandatory 24-Hour “Cooling Off” Period

Beginning in November of 2008, anyone arrested for domestic battery or battery in Monroe County can expect to spend at least 24 hours in custody before they may be released on bond. Learn more »

Protective Orders & No Contact Orders

How can I help a friend or famly member who is being abused?

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Don’t be afraid to let him or her know that you are concerned for their safety.
Help your friend or family member recognize the abuse. Tell him or her you see what is going on and that you want to help. Help them recognize that what is happening is not “normal” and that they deserve a healthy, non-violent relationship.

Acknowledge that he or she is in a very difficult and scary situation.
Let your friend or family member know that the abuse is not their fault. Reassure him or her that they are not alone and that there is help and support out there.

Be supportive.
Listen to your friend or family member. Remember that it may be difficult for him or her to talk about the abuse. Let him or her know that you are available to help whenever they may need it. What they need most is someone who will believe and listen to them.

Be non-judgmental.
Respect your friend or family member’s decisions. There are many reasons why victims stay in abusive relationships. He or she may leave and return to the relationship many times. Do not criticize his or her decisions or try to guilt them. He or she will need your support even more during those times.

Encourage him or her to participate in activities outside of the relationship with friends and family.

If he or she ends the relationship, continue to be supportive of them.
Even though the relationship was abusive, your friend or family member may still feel sad and lonely once it is over. He or she will need time to mourn the loss of the relationship and will especially need your support at that time.

Help him or her to develop a safety plan.
Visit our Safety Planning page for more information.

Encourage him or her to talk to people who can provide help and guidance.
Find a local domestic violence agency that provides counseling or support groups. Offer to go with him or her to talk to family and friends. If he or she has to go to the police, court, or a lawyer, offer to go along for moral support.

Remember that you cannot “rescue” him or her.
Although it is difficult to see someone you care about get hurt, ultimately the person getting hurt has to be the one to decide that they want to do something about it. It’s important for you to support him or her and help them find a way to safety and peace.

Hotline: 24-hour National Domestic Violence Hotline at 1-800-799-SAFE (7233) or TTY 1-800-787-3224 – confidential hotline for victims and others concerned about helping a friend or family member who is a victim of domestic violence.

See the printable brochure in English and Spanish for Family and Friends of domestic violence victims.